CHAMAN LAL KOHLI, ASHA KOHLI Vs. BAL KRISHAN VERMA
HIGH COURT OF UTTARAKHAND
Chaman Lal Kohli, Asha Kohli
Bal Krishan Verma
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(1.) Having heard Mr. J.P. Joshi, Advocate, on behalf of both the petitioners, it emerges out that the criminal complaint case no.284 of 2010 was filed by the respondent against them, who are the husband and wife respectively, for the offences u/s 120-B, 420, 467, 471 and 406 I.P.C. in the court of Civil Judge (J.D.)/Judicial Magistrate, Rishikesh.
(2.) The genesis of said complaint was that in the month of June, 2009, petitioners executed sale deed of two shops bearing nos.16 and 17, which were the part of a big building, renowned as Ram Duttamal Kohli Memorial Hospital . The sale deed was executed for Rs.4.00 lakh for each shop, i.e. for Rs.8.00 lakh in total.
(3.) The purchaser/respondent, after getting the sale deed in his favour, when approached the Municipal authorities for the purpose of mutation of his name, it was revealed that the entire hospital was under mortgage with the Canara Bank in lieu of some borrowings by the accused/petitioners. Thus, the petitioners did not have an absolute right to sell those shops and as such, the registration of shops, in favour of respondent, was infirm. Feeling aggrieved, the respondent 2 filed the impugned complaint, wherein after recording the statements of complainant and his witnesses under Sections 200 and 202 respectively, learned Magistrate passed the order of cognizance, asking the petitioners to face trial for the offence u/s 420 IPC only.;
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